On November 4, 2008, the People of the State of California approved Proposition 9, the Victims' Bill of Rights Act of 2008: Marsy's Law. This measure amended the California Constitution to provide additional rights to victims. This card contains specific sections of the Victims' Bill of Rights and resources. Crime victims may obtain additional information regarding Marsy's Law and local Victim Witness Assistance Center information by contacting the Attorney General's Victim Services Unit at 1-877-433-9069.

Marsy's Law also amended California Penal Code sections 3041.5 and 3043 in regards to lifer Parole Suitability Hearings. Click here for more information regarding these changes.

California Constitution, Article I, Section 28(b)

(b) In order to preserve and protect a victim's rights to justice and due process, a
victim shall be entitled to the following rights:

(1) To be treated with fairness and respect for his or her privacy and dignity, and to
be free from intimidation, harassment, and abuse, throughout the criminal or juvenile
justice process.

(2) To be reasonably protected from the defendant and persons acting on behalf of
the defendant.

(3) To have the safety of the victim and the victim's family considered in fixing the
amount of bail and release conditions for the defendant.

(4) To prevent the disclosure of confidential information or records to the defendant,
the defendant's attorney, or any other person acting on behalf of the defendant,
which could be used to locate or harass the victim or the victim's family or which
disclose confidential communications made in the course of medical or counseling
treatment, or which are otherwise privileged or confidential by law.

(5) To refuse an interview, deposition, or discovery request by the defendant, the
defendant's attorney, or any other person acting on behalf of the defendant, and to
set reasonable conditions on the conduct of any such interview to which the victim
consents.

(6) To reasonable notice of and to reasonably confer with the prosecuting agency,
upon request, regarding, the arrest of the defendant if known by the prosecutor, the
charges filed, the determination whether to extradite the defendant, and, upon
request, to be notified of and informed before any pretrial disposition of the case.

(7) To reasonable notice of all public proceedings, including delinquency proceedings,
upon request, at which the defendant and the prosecutor are entitled to be present
and of all parole or other post-conviction release proceedings, and to be present at
all such proceedings.

(8) To be heard, upon request, at any proceeding, including any delinquency
proceeding, involving a post-arrest release decision, plea, sentencing, post-conviction
release decision, or any proceeding in which a right of the victim is at issue.

(9) To a speedy trial and a prompt and final conclusion of the case and any related
post-judgment proceedings.

(10) To provide information to a probation department official conducting a presentence
investigation concerning the impact of the offense on the victim and the
victim's family and any sentencing recommendations before the sentencing of the
defendant.

(11) To receive, upon request, the pre-sentence report when available to the
defendant, except for those portions made confidential by law.

(12) To be informed, upon request, of the conviction, sentence, place and time of
incarceration, or other disposition of the defendant, the scheduled release date of the
defendant, and the release of or the escape by the defendant from custody.

(13) To restitution.

(A) It is the unequivocal intention of the People of the State of California that
all persons who suffer losses as a result of criminal activity shall have the right
to seek and secure restitution from the persons convicted of the crimes causing
the losses they suffer.

(B) Restitution shall be ordered from the convicted wrongdoer in every case,
regardless of the sentence or disposition imposed, in which a crime victim
suffers a loss.

(C) All monetary payments, monies, and property collected from any person
who has been ordered to make restitution shall be first applied to pay the
amounts ordered as restitution to the victim.

(14) To the prompt return of property when no longer needed as evidence.

(15) To be informed of all parole procedures, to participate in the parole process, to
provide information to the parole authority to be considered before the parole of the
offender, and to be notified, upon request, of the parole or other release of the
offender.

(16) To have the safety of the victim, the victim's family, and the general public
considered before any parole or other post-judgment release decision is made.

(17) To be informed of the rights enumerated in paragraphs (1) through (16).